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The Tokyo Rose Case: Treason on Trial is a book on a mission. History professor Yasuhide Kawashima’s thorough recounting of the life and trials - both judicial and metaphorical - of Iva Ikuku Toguri d’Aquino, an American citizen wrongly convicted of and imprisoned for treason for radio broadcasts she made in Japan during World War II, seeks at every turn to drive home the injustice of that conviction. Part of the Landmark Law Cases and American Society series and calling itself the first legal history of d’Aquino’s case, The Tokyo Rose Case is an engaging, if imperfect, work, one that particularly academic and public law libraries should consider for inclusion in their collections.

In a series of cleanly organized chapters, Kawashima meticulously relates how d’Aquino came to be known as the infamous “Tokyo Rose”, the popular but vague term for a Japanese female radio correspondent who supposedly disseminated Japanese propaganda over the airwaves during World War II. (There in fact was never any one woman positively identified as the Tokyo Rose; the term instead was applied by U.S. soldiers to a number of English-speaking Japanese female broadcasters.) He then takes the reader through a day-by-day account of her 1949 trial, the appeals that followed, and finally her pardon by President Gerald Ford in 1977 - making d’Aquino the first person in the United States to be pardoned for treason.

Adhering to the format of all books in the Landmark Law Casesand American Society series, formal citations are absent throughout the text in order to make the narrative more accessible for a wider audience. Instead, in a “Bibliographic Essay” at the end of the volume, Kawashima details the types and titles of the many primary and secondary sources, both legal and non-legal, on which he relied. Legal sources listed range from case law on treason to manuscript records of d’Aquino’s trial to a wide array of law review articles. The Essay is a concise and useful starting point for anyone wishing to read more about d’Aquino’s story, the topic of treason generally, or the experience of Japanese-Americans in the United States during World War II. (Regretfully, while the reader is told in an Editors’ Preface that Kawashima accessed a number of Japanese language materials as well, these sources are not covered in the Bibliographic Essay.) While the book lacks an index, a detailed timeline aids the reader in following along with the many intricate aspects of d’Aquino’s case.

The many compelling detailspresented in the book are, unfortunately, occasionally somewhat undercut by the author’s writing style. Kawashima is clearly - and rightly - outraged by the events leading up to, throughout, and after d’Aquino’s trial, all of which seemed to thwart her chances at fair treatment at nearly every turn. Yet his commentary on these events often grows heavy-handed, which is most noticeable by the time we reach the chapters recountingthe trial. As an example, the author’s individual statements on the trial judge’s lack of fairness and apparently inherent bias toward the defendant are consistently strongly-worded, repetitive, and indignant, all of which only distract the reader from the overall narration of the legal events at hand. The reader is in fact warned ahead of time in the Editors’ Preface that Kawashima “pulls no punches” in his treatment of this topic. But based on the thoroughness and strength of the many sources Kawashima consulted, and the liberal use of direct quotations from the many individuals involved in the Tokyo Rose saga, one sometimes wishes that he had more often let those sources speak for themselves.

Alyssa Thurston is Research & Electronic Services Librarian at the Pepperdine University School of Law Library in Malibu, CA.

The Reference Desk
One of our vendors recently dropped off a box of fancy chocolates. I happened to walk into the break room as one of our younger librarians was cutting a tiny piece off of a corner of a chocolate. She explained that she wanted to know what the center of the candy was. I blurted out that many people don't want a piece of candy that someone has cut into. Did I overreact?
By Susan Catterall

Member to Member
What is one word or phrase you would like to ban from law librarians' vocabulary?

Views from You
Photos of the 3rd Annual 1883 Black Ice Pond Hockey Championship at White Park, across the street from the University of New Hampshire School of Law in Concord

The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures, requiring a finding of probable cause before a search can take place. The amendment allows for governmental invasion of privacy but it also requires that it be justified and that the government be held accountable for its actions. Seemingly straightforward when originally drafted by our Founding Fathers, technological advances, changes in police work, and threats to national security have had a profound effect on the Court’s Fourth Amendment jurisprudence. In More Essential Than Ever: The Fourth Amendment in the Twenty-first Century, author, Stephen J. Schulhofer, takes the reader through a concise retelling of Fourth Amendment jurisprudence, hoping to reconcile the historically held belief that governmental intrusions into the public’s private matters cannot be allowed in a free society; even when so doing my lead to the increased risk of danger and harm to the public. Accordingly, Mr. Schulhofer argues that the protections provided by the Fourth Amendment as it was originally conceived can be, should be and must be adhered in today’s modern society. A person’s right to privacy and the “right to be secure in their persons, houses, papers, and effects”[1] is that essential to democracy.

After an introduction that outlines the four myths that fuel skepticism about the Fourth Amendment[2], the author begins, in Chapter Two, by discussing the historical tenets of the Fourth Amendment, outlining the Framers strongly held belief that unconstrained governmental discretion cannot be allowed and that judicial oversight is needed to prevent improper governmental actions. In this chapter, Mr. Schulhofer argues that the present day courts should focus on the principles and values laid out by the Court in early Fourth Amendment jurisprudence when deciding cases, rather than relying on a strict adherence to the specific rules established by the Court’s Fourth Amendment jurisprudence. The author calls this “adaptive originalism.”[3] This concept is explored further in Chapter 3, as well as in the next chapter where he examines the changing nature of everyday police work. In both of these chapters the author discusses the exceptions to the Fourth Amendment that were necessitated by the nature of illegal activity and the need for the police to protect the public from criminal activity while still adhering to the spirit of the Fourth Amendment. The author continues to discuss the need for flexibility in Chapter 5, when he discusses administrative searches, those searches that take place outside the realm of traditional police work. In these special circumstances, for example, searches done to insure public health and safety, the Court has relaxed the traditional warrant and probable cause requirements. Although this allows for flexibility, the author argues that this threatens the traditional notions of privacy requiring the need for governmental accountability and oversight. Again, the author is calling for flexibility while still recognizing the need for actions that promote the Fourth Amendments original ideals.

In Chapter 6, the author examines the privacy implications resulting from the development of modern technologies, including the effect wiretapping, electronic eavesdropping and increased access to personal information has had on our Fourth Amendment jurisprudence. Chapter 7 looks at national security and how the events of 9/11 have affected Fourth Amendment jurisprudence. In this final chapter, Mr. Schulhofer discusses the effect the events of 9/11 had on our Fourth Amendment rights, arguing that the assumption that security and prevention of future tragedies outweighs the protections afforded to us by the Fourth Amendment is misconceived. All decisions have risk and to alienate the millions of law abiding Muslims in the U.S. in order to protect us from the few that mean us harm is more damaging. Governmental transparency and checks on governmental power will generate the societal trust needed to better protect our society from the dangers we now face.[4] In conclusion, Mr. Schulhofer argues in the last chapter that despite the many societal advances and changes the Framers couldn’t possibly have anticipated when the Fourth Amendment was drafted, the notion of individual privacy continues to be the most vital component of individual freedom and democracy, making the protections offered by the Fourth Amendment are vital in today’s society.

More Essential Than Ever: The Fourth Amendment in the Twenty-first Century, is an excellent resource for any undergraduate or academic law library. It is an excellent starting point for students or scholars doing research involving the Fourth Amendment. The author provides the reader with an excellent section of Notes at the end of the book, with citations to relevant cases discussed by the author as well as an excellent index allowing subject entry into the book. Finally, the author also includes a “Further Readings” list with suggestions to other relevant resources. This book provides an excellent history of the Fourth Amendment and convincingly argues for a flexible approach when applying Fourth Amendment protections in today’s increasingly complex society.

Christine I. Hepler is the Interim Director of the Garbrecht Law Library at the University of Maine School of Law.